New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-18

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Another Centennial Day and million. unborn
their S aaSsi .n,SS Goa MAJ
n a. T ,.s as 80 nav snu os Who
follow rece 10 our ndcl and In our jealous love for
JUSTICE MILLERs ADDRESS.
II would he obviously unfair 70 compare the Pres'-
dents with and elaborate address OF
Justice Miller Taose who aole to hear IL were de-
lighted with the Judges impressive manner and elo-
quent voice. His Memorial Oratioa was In part as
follows:
The end of this War OF the Revolution. which bad
established entire independence OF the crown 81
Great Britain and which had caused US to be recogniaed
theoretically member OF the family OF nations.
folnd US wh an empty treasury AZ npared SreI % G
eoLntry dra9ed OF w wesI M ,hss anu % r3 an
imperfect powers conferred Dy tue Articles OF Coned-
which was vested all the authority that articles
granted the General Government, struggled nope
with Enlgand In 1888 until the formation OF the new
Constitution Many suggestions were made 'or enark
particular subjects None were successful. aud
proposed the oy true remedy namely. authority In tue
entrYsted "a il oy tue Articles OF Confederation by its
Immediate and direct action on the people of Tie
States. ..., ,,,
finally led to the relief without which as nation we
must persisted, strongly supports the pilo-
sJphlcal maxim VI modern timcs-tha OF All Tue
agencies OF civilization aud progress OF the human race
commerce. is the most efficient What our deranged
iinanccs discrcitabe lare tn pay our debts anu
suerings OF soldiers could not force the several
State, OF the American Union To attempt was brought
aout by desire to he Released from the evils OF an n
regulated aud bureusome commercial intercourse ootn
with foreign nations aud between the several states
Here tie Justice gave an account Of the assembling
OF tue Constitutional Convention. aud then continued:
It Is q IN liter for profound reflection by the phlo-
sophical ststesan that while tho most efficient motive
In bringing The other sfatcs into this convention was
desire to amend the situation III regard to Trade among
the states and aniform system oil cOnLecrai
regulation necessary To the q mnon Interest ana
permanent harmony. lhe course OF Rhode Island lin
sending no delegate the cDuveutonI was mainly gov
ornod by the consideration that Ler superior advantages
location. ani the possession Of what was supposed 10
Ii. the best ha Dor the Atlantic Coast, should not lie
subjected the control Of Congress which was by that
instrument expressly authorized 10 iesuia,e 70 eoeree @
with foreign nations and among the several states anu
which also declared tnst no preference snail oe gwen
by anv regulation OF commerce or revenue tc ths pors
those OF another nrr any vessel oonhd
To or state 10 obliged to enter clear or pay
Tnat the spirit which actuated Rhode Island stll
exsTs and la other states of tue Union may be
sIIro nc Court which entcd iu May last no less than
four or ye decisions OF the highest Importance were
states To void because they vera forbidden Dy this
provision oithe Federal Constitution.
The Constitution has been tested ny the experience OF
century Of operation, aui III tue ght o ths expert
enco It may be we'll to consider Its value Many OK ns
opposition. Pecnaps the wsiom OF this grsat instsi, &
tie some OF the ost Important objections then made
It, Que OF these which caused tue opposition OF sew
eri delegates In the Constitutional Convention aud
tueIr refusal u sign It, was tuo want OF weldefned
bill rights The Constitution however, was not voa
OF such protection. II provided for the great writ or
has corpus the means 10y which all unlawful mpris-
onueus aud restraints upon personal liberty .ad 9srn
Magma Charta proclsed aud II declared that tue
privilege OF that writ should nor DC sspendrd , unesi
require It The Constitution also decarst una. no
Congress: AMI no law i'np.rins hs oo'issJn o, Sou M
tracts ny any state 1t secured The tri. oyJnsy OIL an
committed. IT dehnei treason as TO require some
act, which must be proved oy Two witnesses OF
Az anon .s il necame apparent to the convention
that the new Government must hc nation resting ioc
Its s"Ppo and %'S not s Of independent
brought together under compact on which .acn otato
poatiya powsr of those states in the new Government
became subject OF serious difference Inc contest ~
ba con ON became narrowed to the compostOn or
the senate after usd bs.n docrminet that the Legs
ature should CONSIST of two sinct bodies sing apart
,,,tIar MI
tho popular branch OF the Legislature there du not
to he much difficulty In .staollsnlng tne pr1po
represented In IL In proportion 10 its popuatu!1h sn1
sssct on ali ansstious befors IT, But when 1t was
sought by the larger aud more pophlois states VT
viuia Pannsyvanla and Massachusetts,. 10 Apply tis
rncpe 20 the composition of the Senate the resistance
Of the smaller states b-came stubh0rn ana tDey rsuseu
to yield The e-nc arising under Tue a n VI cnn
vention than any which axitated its ariioerauous ~
na ;sa y % in the
Senate the United states. and no state snouu nave
souId deprive any It's equ suffrage IN the seu-
ate without its cDusen AS the senate has tne sante
power enacng laws as the House Of RepressntatiSss
Aud an .aob state has its two votes in that ooiy VIII
bs seen the smaller states secured w9en taey are
I'm a unitsl majority tho practical power VI deicatihs an
legislation which was unacceptable 10 tlem ~,
1t was urged against our Constitution py many ~
srtv laying ne both In the convention and out OF ~
that IL conferred upon the Executive single inuv,u
ual. whose election fo term OF tour years was % Sasc
dangerous To the existence OF free government yer
ha,s all objections made to important 9i auc
Cnnstitution this one had more piuslDlty, ahu WAS
rgod with force. But II the century Of our expert,
enr has anything II ID the talacy oi ts
obecOn aud Of all the reasons urged III lis support
Tue obccton that the electoral college Was conrV-
anca o remove 10 appointment OF tue President from
the control Of popular suffrage. was II nad any merit
spely overc0ue without any tnfractlon vi tue Cohsu
rtnn y the dem lcratlo tendencies OF Tie people. rne
term of four years for Presi entll Office Is mol now
deemed too long by any one. while there are mIy mno
woI desire nat should bo made longer say seven or
ten years rhe power OF appointment To 0iioe requires
the cousrn tue It's osercss AM that oouy
las asserI It's right OF refusing that assent SO cou
ageousy freely that there can De no rea ..a ol
s successful use by the President IN manner 20 en-
danger the liberty Of the country unisss the senate
ITSELF shall be utterly corrupted Is undenaoie that
for many years past by the gradual growth OF custom
has come 10 pass that In the nomination OF omeers oy
he President he far submitted TO he governed ny
the wishes and recommendations OF interested memoers
Of the two OF Congress- that tile purpose Oh tne
Constitution 10 yesting this power III hn ana tue rsnt
OF the public hold hm personally responsloe ior eaon
and every Appoin makes, Is largely ueieateu'
I'm orner words the great principle lying al tue rounda
ZION OF all free governments. that legislative anu en
scutive departments snail be kept separate nv saea
Sy IN. OF members OF Congress IN tue eA